PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 November 2001                   
	DOCKET NUMBER:   AR2001061902

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Purple Heart.

3.  The applicant states that he received a laceration to his right eye during a firefight.  His separation physical shows the history of eye trauma he received in April 1971 with follow-up treatment in May 1971.  He provides no supporting evidence.  Counsel makes no additional statement.  His service medical records are not available.

4.  The applicant’s military records show that he enlisted in the Regular Army on 20 March 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 16F (Light Air Defense Artillery Crewman).

5.  The applicant arrived in Vietnam on or about 14 April 1970 and was assigned to Battery D, 5th Battalion, 2d Artillery.  General Orders 2521, Headquarters, II Field Force, Vietnam dated 9 June 1970 awarded him the Army Commendation Medal (ARCOM) with V device for action on 5 May 1970.  There is no mention in the citation that he was wounded.  General Orders 1049, Headquarters, II Field Force, Vietnam dated 3 April 1971 awarded him the ARCOM with 1st oak leaf cluster for meritorious service from April 1970 – March 1971.  He departed Vietnam on 14 March 1971.

6.  The applicant was released from active duty on 20 December 1971.  His Report of Transfer or Discharge, DD Form 214, does not list his ARCOM with V device.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Department of the Army Pamphlet 672-3 shows that the 5th Battalion, 2d Artillery was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 2 December 1966 – 15 January 1971.  Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to substantiate his contention that he received a wound to his eye during a firefight during April 1971.  His records show that he departed Vietnam in March 1971.  There is no evidence to show he is eligible for award of the Purple Heart.

2.  The evidence of record shows the applicant was awarded the ARCOM with V device but it is not listed on his DD Form 214.  Also, he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so these awards should also be added to his DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That he applicant’s DD Form 214 be amended to add the Army Commendation Medal with V device, the Republic of Vietnam Civil Actions Honor Medal, First Class, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __jpi___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061902	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.